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COMMENTS SUBMITTED BY PACIFIC LEGAL FOUNDATION ON INTERIOR’S DRAFT 2477 REGULATIONS
November, 1994 INTRODUCTION Access across federal lands which is free from unnecessary and burdensome bureaucratic regulation is vital to the economic and social well-being of the people of the western United States. This is especially the case in rural and undeveloped areas of the West which are dominated by land under federal jurisdiction. What was…
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UTAH ASSOCIATION OF COUNTIES COMMENTS ON PROPOSED RULES REVISED STATUTES 2477 RIGHTS-OF-WAY
Published at 59 Fed.Reg. 39216 et seq. (August 1, 1994) These comments are submitted on behalf of the Utah Association of Counties and each of the 29 counties in the State of Utah. These regulations would go beyond the challenge to the rights of state and local governments. They would also interfere with access rights to school…
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BLM DIRECTOR’S 1990 MEMO EXPANDING ON INTERIOR SECRETARY HODEL’S 1988 POLICY STATEMENT ON RS 2477 MANAGEMENT
This memo expands on the 1988 Policy Statement of Interior Secretary Donald Hodel on RS 2477 rights-of-way. It gives the State Directors (SD’s) of the BLM more specific examples and interpretations of that policy statement. Like the Hodel memo, it is of value both because it reflects the long-standing position of the BLM in dealing…
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COMMENTS ON DRAFT REPORT TO CONGRESS: RS 2477 THE HISTORY AND MANAGEMENT OF RS-2477 RIGHT-OF-WAY CLAIMS ON FEDERAL AND OTHER LANDS
NOTE: These comments were principally drafted by Garfield, Utah, County Engineer Brian Bremner. The Burr Trail Road, the most litigated 2477 right-of-way in recent times, is located in Garfield County. In addition to his work in support of the county’s position in this litigation, Mr. Bremner has extensive experience in documenting 2477 rights-of-way for other…
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Comments of James Burling, Pacific Legal Foundation On The Draft BLM 2477 Report
April 1993 I have reviewed the Draft Report to Congress: R.S. 2477–The History and Management of the R.S. 2477 Rights-of-Way Claims on Federal and Other Lands (Draft Report to Congress) and commend the Bureau of Land Management for its hard work. However, I have concerns with a few of the legal conclusions found in that…
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A DETAILED CRITIQUE OF CONGRESSIONAL RESEARCH SERVICE (CRS) REPORT ON R.S. 2477 RIGHTS OF WAY
TEXT OF LETTER FROM REPS. ORTON (UTAH) AND YOUNG (ALASKA) Joseph E. Ross, DirectorCongressional Research ServiceLibrary of Congress101 Independence Avenue S.E.Washington, D.C. 20540 Dear sir: On January 15, 1993, the Congressional Research Service released a report entitled “Highway Rights of Way; The Controversy Over Claims under R.S. 2477”. We have serious concerns about the historical…
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Significance Of The General Accounting Office Opinion On Legislative RS 2477 Regulation Prohibition Language
Prepared by The Western Counties’ Resources Policy Institute Background In August of 1994 the Interior Department issued draft regulations dealing with RS 2477 rights-of- way. These regulations were so out of line with established case law, constitutional protections and even the operative Interior Department regulations that they set off a firestorm of opposition and protest.…
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Basic Truths About RS 2477 Rights-of-Way
Determine If You Are Being Mislead Or Lied To! The attention given to RS 2477 rights-of-way has been accompanied by misinformation spread by anti-access environmental groups and federal bureaucrats. Sometimes this is because they do not understand the issue themselves. Often, however, it is a clear and deliberate effort to deceive. The following are the…
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COMMENTS OF DAVID ENGDAHL, PROFESSOR, SEATTLE UNIVERSITY SCHOOL OF LAW, ON PROPOSED RS 2477 RIGHTS OF WAY DRAFT REGULATIONS
Proposed rule published at59 Fed. Reg. 39216 et seq. Addressed to: U. S. Department of the InteriorMain Interior BuildingRoom 55551849 C Street, N.W.Washington, D.C. 20240 Commentator: David E. EngdahlProfessorSeattle University School of Law950 Broadway PlazaTacoma, WA 98402-4470 Date Submitted: November 9, 1994 Others better situated to do so than I will have commented on various…